305 W. FOURTH ST. PARTNERS - 2005

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\' A-2002-199: : . INSURANCE NOT ON FILE .. WORK MAY NOT PROCEED CLERK OF COUNCIL · DATE: /1-3-05 CITY OF SANTA ANA and 305 W. Fourth ST. PARTNERS, LLC 0: tt~ (L. 80( f.>) License of nineteen (19) Parking Spaces sf- THIS LICENSE AGREEMENT ("License") is entered into as of L day of ~l1f'J11bee, 2005, by and between THE CITY OF SANTA ANA, a public corporate and politic ("City"), and 305 W. Fourth STREET PARTNERS, LLC ("Developer"). THE CITY OF SANTA ANA AND DEVELOPER HEREBY AGREE AS FOLLOWS: RECITALS: WHEREAS, the Community Redevelopment Agency of the City of Santa Ana and Developer are parties to that certain Private Disposition and Development Agreement, recorded with the County of Orange Recorder's Office as Document Number 2003-000159468 on February 11, 2003 (the DDA); and WHEREAS, the DDA provides that Developer, together with the other two owners of the Phillips-Hutton building, shall License from City nineteen (19) non- designated spaces of which three (3) may be converted by exercise of a one-time option into dedicated, reserved parking spaces in the approximately 375 space parking lot located at the Third and Birch Street Parking Garage ("the Parking Garage"); and WHEREAS, the City has agreed to license to Developer said designated spaces as covered, assigned spaces to be located at the City's discretion based upon operational constraints and to provide the remaining parking spaces as non-designated spaces to be located on a space by space basis at the first available non-designated location NOW THEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this License Agreement and that the following terms and conditions are approved and together with the Recitals and all exhibits and attachments hereto, shall constitute the entire License Agreement between the City and the Developer. 1. License. City hereby grants to Developer nineteen (19) non-designated parking spaces. Of these nineteen (19) spaces, the Developer hereby exercises its one time option to designate three (3) spaces as dedicated parking spaces to be located on a space by space basis at the first available non-designated location of the Parking Garage at the location shown on Exhibit A hereto, which is incorporated herein by this reference as though fully set forth. Said dedicated and non-dedicated parking spaces will hereafter be collectively known as the "Premises." The license granted to Developer is subordinate to the prior and paramount right of City to use the Property in its entirety for the public purposes to which it presently is and may, at the option of City, be devoted. It is expressly understood by all parties that this license does not extend or vest any property 1